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My boyfriend has a 7 and a half month old boy with his ex. For a little backround info he is in the Royal Navy and based in Plymouth. His son and ex live in wales where he is from. My boyfriend can only visit when he gets leave and does so as often as is possible. He is not named on the birth certificate but pays full maintenance without question. as well as paying whatever else is needed and buying clothes and carseats nappies milk etc.
His ex has made contact as difficult as possible. Giving little or no information on the progress of his son. and when he visits he gives plenty of warning but he will be very lucky if she allows him to see his son. She has now stated she will no longer let him see him. Does my boyfriend have the right to with-hold maintenance payments until contact can be resumed? or an agreement can be reached? where does he stand in this? They were never married. any advice would be really helpful as these situations are so complicated and i am entirely lost. thank you
Hi and welcome on here.
In answer to your question, contact and maintenance are separate issues, so he cannot withhold maintenance - however, he does only need to pay according to the CSA calculation, which is currently 15% of takehome pay, and doesn't need to pay for, or buy, anything on top of this.
However, he should be separately taking steps to get contact - it may be worth him suggesting mediation with his ex to see if she will agree, but otherwise he will need to get a contact order - take a look at yoji's "guide to representing yourself" at the top of the legal section to give an idea of what is involved.
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